Legal Opinion
Bank for Savings v. Shenk Realty & Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 1942PublishedCited by 7 opinions
1Opinion of the CourtCohn, J.
Plaintiff brought this action to foreclose a mortgage for non-payment of interest due November 15, 1941, and for taxes which it had advanced. A receiver to collect the rents and profits appointed in the action on March 14, 1942, made a demand upon appellant, a tenant in the mortgaged premises, for seventy-five dollars for the period from March 14,1942, to April 13, 1942. This demand was refused, appellant claiming that he had paid all rent due until September 30, 1942.
A motion was thereupon made at Special Term by the receiver, respondent herein, for an order directing appellant to pay to the…
2Cases cited2 opinions
- Prudence Co. v. 160 West Seventy-Third Street Corp.New York Court of Appeals · 1932
- Markantonis v. Madlan Realty Corp.New York Court of Appeals · 1933
3Cited by7 opinions
- Michelsen v. PenneyCourt of Appeals for the Second Circuit · 1943
- Jacobs v. AndolinaAppellate Division of the Supreme Court of the State of New York · 1986
- Fourth Federal Savings Bank v. 32-22 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- New York City Community Preservation Corp. v. Michelin AssociatesAppellate Division of the Supreme Court of the State of New York · 1985
- In Re 114 Tenth Avenue Assoc., Inc.United States Bankruptcy Court, S.D. New York · 2010
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